Sons are liable to take care of their fathers during old age: Kerala HC

Kochi: Sons are legally obligated to care for their fathers during their old age, as they struggle to raise their children, the High Court has ruled. This responsibility is not just moral but also legal. Neglecting an elderly father weakens the foundation of society, Justice Dr. Kauser Edappagath noted. The ruling was issued in a case where the court directed the sons of a 74-year-old man from Edayur, Valanchery, in Malappuram, to pay him ₹20,000 per month.

The petitioner approached the High Court after the Tirur Family Court dismissed his plea, accepting the sons' argument that their father is capable of living independently. In its judgment, the High Court cited religious scriptures, noting that the Vedas and Upanishads describe a father as equivalent to God. The Quran and the Bible also emphasise the need for compassion towards parents. The court clarified that financial assistance from relatives or friends does not absolve children of their responsibility to care for their elderly parents.

The petitioner sought help from his three sons from his first marriage, arguing that due to old age, he is unable to work and needs financial support from his sons, who are living comfortably in Kuwait. The man had divorced his first wife through Talaq in 2013 and is now living with his second wife.